apologies if we are overloading you with info, you should also do a SAR to Barclaycard, template attached, you will need to acknowledge the claim and you will have 28 days from service of the claim to submit your defence.

Standard SAR.doc

Im trying to write all this down! Do you want the particulars of claim word for word?

There are some serious data protection issues here also, in that they contacted your neighbours.

Although you know this is almost certainly SB, when the account is sold, the company buying it (say HFO) does not have all the paperwork. However, with Barclaycard, when they sell these accounts, they most certainly DO send the data that HFO need to establish if the account is SB.

Attached below (soon, I hope, by someone nice) is an excerpt from an account sale agreement between Barclaycard and HFO. It shows the data fields that Barclaycard provide to HFO.

So... HFO know perfectly well your account is SB, as they will have the date of the last payment, as well as the default date. The fact that they choose to go by the date the default was recorded with the CRAs is their own problem. So they have taken enforcement action on an account they have been told is SB, and which they know to be SB. This is harassment of the highest order, according to OFT guidelines – criminal harassment, I would say.

2.14 In the past we have dealt with a number of statute barred debt cases governed by

the Limitation Act 1980, which applies to England and Wales. Based on that

experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt

is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

from your first post the POC is still incomplete, in time you can post up with personal info removed.

Here it is, I hope...

Note the fifth line down – date of last payment.

This is excellent evidence for the OFT.

The claim is for monies owed to the claimant by the defendant pursuant to an interest bearing credit agreement regulated by the consumer credit act 1974. The claimant was assigned the defendants debt and all rights and obligations attached thereto by barclaycard (the original lender) the defe has been provided notice of assignment previously. The claimant claims contractual interest pursuant to the terms of the credit agreement at the rate of 17.00 per annum from the date of assignment to the date of judgement. The claimant is also entitled to claim post judgement contractural interest on the same terms. Full particulars of claim to follow inaccordance with the cpr practice direction 7c (para 5.2)

does this help, what figures do you want to know?

Who does it say are the claimant and what address do they give?

Claimant; hfo capital limited, riverside 2, sir john rogersons quay, dublin 2, ireland

throughout all this whenever i have been called or my neighbours, they have called themselves hfo services / hfo collection agency and only now do they call themselves hfo capital

I don’t understand what they’re up to with this deferred delivery of the PoC. Here’s the relevant bits:

Filing separate particulars of claim

5.2

(1) Subject to the sub-paragraphs below, the claimant may serve and file particulars of claim separately from the claim form but the claimant must in the claim form –

(a) state that the particulars of claim will follow; and

(b) include a brief summary of the claim.

(2) Where the claimant serves the particulars of claim separately from the claim form pursuant to sub-paragraph (1), the claimant must –

(a) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(b) file a certificate of service in form N215 at the Centre within 14 days of service of the particulars of claim on the defendant.

(3) The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 1.3(2)(e) within 7 days of service of the notice of transfer.

(4) Where the proceedings are not transferred under paragraph 1.3(2)(e) and remain at the Centre, the claimant is not required to file the particulars of claim unless ordered to do so.

Here’s 7.4, referred to above.

Particulars of claim

7.4

(1) Particulars of claim must –

(a) be contained in or served with the claim form; or

(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.

(Rule 7.5 sets out the latest time for serving a claim form)

(3) Where the claimant serves particulars of claim separately from the claim form in accordance with paragraph (1)(b), the claimant must, within 7 days of service on the defendant, file a copy of the particulars except where –

(a) paragraph 5.2(4) of Practice Direction 7C applies; or

(b) paragraph 6.4 of Practice Direction 7E applies.

(Part 16 sets out what the particulars of claim must include)

(Part 22 requires particulars of claim to be verified by a statement of truth)

Has anybody got a clue what HFO are up to? Are they trying to hoodwink a layman so they can apply for default judgment after 14 days?

pt2537, are you out there?

Here’s the other case where this PoC has been used, with deferment.

http://www.consumeractiongroup.co.uk/forum/showthread.php?297880-HFO-TURNBULL-RUTHERFORD-CC-Claim

I see.

What is my next step?

Do i get a sar or reply to the court or both?

This kind of harassment is at a level where the police should be involved – I would aver it is criminal harassment.

Have to agree DB.

In the recordings you have do they use any bad language?

Is the tone and language threatening?

Make sure you keep them recordings safe.

I see.

What is my next step?

Do i get a sar or reply to the court or both?

You should do a SAR to Barclaycard

you have upto 14 days to acknowledge the claim and 28 days from service to submit your defence, that will be sorted in time, don,t panic.

1- mrs --------- you do know that your husband is a coward and for this we will make him pay more

2. You are going to have to now pay double unless you pay me today

3 i am going to make sure that you are left with nothing

this said it was always a very calm voice

i really feel that i want as many people to know as possible what could happen if you take out a barclaycard, one thing is for sure, they dont tell you about all this in the smallprint. How can such a large company refer thing to such cowboys.

Have barclaycard failed me on data protection here? They must have overall responsibility for what happens to their customers info?

Was this from an Indian call centre?

BT told me they can't stop overseas junk call centre calls.

I think HFO are going to end up in very hot water very soon.

The language and the tone of the language was clearly threatening.

Think first thing we need to do is make sure you get the best advice to deal with any court action.

Then we can look at dealing with the complaints to certain authorities. Though i would consider a report to the police about those calls as soon as possible. (keep copies of any calls)

I am following this thread with interest, just reading through it - i.e. I am subscribing, happy to help

my SAR from Barclayard just showed sold to HFO that was it?

Are the calls coming from 020 8 numbers? as BT can barr these

Is a CPR needed or do we just go for the SB?

although the man that called me was speaking with an indian accent i can not say that i know that it was coming from overseas. the number was always with held.

please, what is a cpr?

i asked barclaycard earlier about what information they could give me - they said nothing. i asked about a sar and they said that any request for information had to go through hfo. is this right? i thought htat id have to send it to barclaycard direct

i do have to say that where we have been used to getting calls every day, we have now not had any for nearly 48hours

Well, they should not be calling if they have issued a Court Claim. It is odd they are using withheld numbers but not unexpected - the depths of these lot are unbelievable

BC should not be telling you to contact HFO, you need to contact the Directors Office.

A SAR is important.

A CPR is a request to TR to provide documents and other info they may present to a court. I can give you an appopriate letter